THE GLOBAL LEGAL PROFESSION

The Program on theLegal Profession presents

April 12, 2012 • Harvard Law School

THE GLOBAL LEGAL PROFESSIONThursday, April 12, 2012

Millstein East, Wasserstein Hall

12:30 pm OPENING ADDRESS

• David B. Wilkins Vice Dean, Global Initiatives on the Legal Profession; Lester Kissel Professor of Law; Director, Program on the Legal Profession, Harvard Law School

1:00 – 2:30 pm THE NEED FOR A GLOBAL LEGAL PROFESSION

• FramingModerator:Ary Oswaldo Mattos Filho, Professor,FundaçãoGetúlioVargasandPartner,MattosFilhoAdvogados • Georges-Albert Dal Immediate Past President, Council of Bars and Law Societies of Europe • Akira Kawamura President, International Bar Association • Brad Smith GeneralCounselandEVP,LegalandCorporateAffairs,Microsoft

2:30 – 2:45 pm Break

2:45 – 4:30 pm THE ROLE OF GOVERNMENT IN HELPING TO BUILD A GLOBAL LEGAL PROFESSION

• FramingModerator:Mark Wu Professor, Harvard Law School • Hon. Justice Dhananjaya Y. Chandrachud Judge, Bombay High Court • Hon. Nicole Lamb-Hale Assistant Secretary of Commerce for Manufacturing and Services, US Department of Commerce • Hon. Antenor Madruga Partner,BarbosaMüssnich&AragãoAdvogados; FormerBrazilianNationalSecretaryofJustice

4:30 – 5:00 pm Break

5:00 – 6:30 pm GLOBALIZATION OF LEGAL EDUCATION: TRAINING GLOBAL LAWYERS

• FramingModerator:David M. Trubek Sr.ResearchFellow,HarvardLawSchoolProgramontheLegalProfession; Voss-Bascom Professor of Law and Dean of International Studies Emeritus, University of Wisconsin • C. Raj Kumar Vice-Chancellor, O.P. Jindal Global University; Dean, Jindal Global Law School • Martha Minow Dean and Jeremiah Smith, Jr. Professor of Law, Harvard Law School • Oscar Vilhena Vieira Dean,FundaçãoGetúlioVargasLawSchoolSãoPaulo

7:00 pm KEYNOTE SPEECH AND DINNER: Global Lawyering (Invitation Only)

• Speaker:Hon. Harold Koh Legal Adviser to the United States Department of State; FormerDeanofYaleLawSchool

Inanageofrapidglobalization,fewlinesofinquiryinsocialandlegalstudiesseemmore pressing than the development of the legal profession in emerging economies. The legal profession has traditionally operated primarily within national borders. As globalizationintensifieseconomic,political,socialandculturalrelationsacrossborders,anincreasingnumberoftransactionsareaffectedbymultiplelegalorders.Atthesametime, as economic power shifts, emerging economies are becoming central players in the global legal industry, creating new economic relationships and bringing new per-spectives to law and global governance. As a result of these developments, the legal professionstandsonthebrinkofafundamentaltransformation.

EmergingeconomieslikeIndia,ChinaandBrazilareatthefrontiersofthesechanges.Their impressive growth creates new demands for legal services. Both indigenous and foreignlawfirmsaretryingtoseizethesemarketopportunities.Governmentsstrivetoharnessglobalizationtopromotenationaldevelopmentbyengaginginlegalre-forms. A new generation of lawyers challenges traditional notions of legal practice and legalexpertise.Legaleducationismodernizing.Theseeffortsoccurwithinamatrixofinternational and regional norms which help shape the contours of national law. Since globalizationmayproducevastinequalities,italsoraisesquestionsofcorporatelaw-yers’ social responsibility.

TheGlobalization,LawyersandEmergingEconomies(GLEE)projectinvestigatestheimpactofglobalizationonthecorporatelegalsectorinmajoremergingeconomiesandtheeffectofchangesinthissectoronotherpartsofthelegalorder,includinglegaleducation and the provision of legal services to underrepresented populations. It is the firstcomprehensiveattempttoanalyzethetransformationofcorporatelegalsectorsinmajoremergingeconomiesandhowthesedevelopmentsmayinturnreshapelegalpracticeinestablishedmarketssuchasNorthAmericaandEurope.

GLOBALIZATION, LAWYERS AND EMERGING ECONOMIES

TheprojectfocusesondevelopmentsinIndia,ChinaandBrazilbutmayexpandtootherjurisdictionsinthefuture.GLEEresearcherscollaborateonthedesignandimplemen-tationofempiricalscholarshiptoassessthesignificanceofthechangingnatureofthecorporate sector for domestic legal orders, economic, social and political development, andglobalgovernance.Theprojectwillcontributetotheoreticaldebatesinglobaliza-tion, sociology of the legal profession and law and development literatures, and it will produceknowledgethathelpslegalpractitionersaddressglobalizationchallengestheyfaceintheirday-to-daywork.

AREAS OF STUDY

FourprimaryareasofstudyfallundertheumbrellaoftheGLEEproject:

1. Investigatingtheimpactofglobalizationonthemajorcorporatelegalservice providerslikeelitelawfirms,in-housecounsel,andlegalprocessoutsourcing companies;

2. Analyzingtheeffectofglobalizationontheregulationoflawpractice,cross-bordertransactional lawyering and legal capacity building in international dispute settlement;

3. Examining the interplay between the corporate legal sector and traditional sectors of the legal profession including the courts, legal education, and the public interest; and

4. Exploringhowthetransformationofthecorporatelegalsectoraffectsnationaldevelopmentgoalsandtrajectoriesandglobalgovernance.

Dr. Justice Dhananjaya Y. Chandrachud graduated from St. Stephen’s College, Delhi in 1979. He completed his LLB from Delhi University in 1982 and LLM. from Harvard University in 1983 followed by a Doctor of Juridical Sciences (SJD) at Har-vard in 1986. He was appointed as additional solicitor general of India from 1998-2000. In 1998 he was designated as senior advocate.JusticeChandrachudhasworkedonseveralimpor-tant cases involving public interest litigation, rights of bonded womenworkers,rightsofHIVpositiveworkersinthework-place, contract labor and the rights of religious and linguistic minorities. He was appointed by the Supreme Court to submit a report on the state of Bombay beaches. He has taught inter-nationallawatOklahomaUniversityandcomparativeconsti-tutional law at the University of Bombay. He has appeared on behalfofseveralpublicbodiesincludingtheReserveBankofIndia, Port Trusts, municipal corporations and universities. On March 29th, 2000 he was appointed as Additional Judge of the High Court at Bombay.

Georges-Albert DalisthefirstpastpresidentoftheCouncilofBars and Law Socities of Europe (CCBE) holding the position in2011.Priortoholdingthepresidency,Mr.Dalservedasfirstvice-president in 2010, second vice-president in 2009 and presi-dent of the Ethics Commission from 2005-2008. He has also held positions in the Belgian Bar, Brussels Bar and Geneva Bar, Mr. Dal received his law degree from Université Libra de Brux-elles in 1996 and a Master of Economical Law from the univer-sity in 1967. Mr. Dal has served as a professor at the Université CatholiquedeLouvansince1991.Hehasover80publicationsinlegal academia.

Akira Kawamura is the president of the International Bar As-sociation (IBA) through 2012. He has held many senior positions in the IBA including vice-president, secretary-general, and chair oftheBarIssuesCommission(BIC).HewasthefirstchairoftheBICandiscreditedwithitsstart-upsuccessandwithre-energiz-ing the engagement of the world bar associations with the IBA. Prior to that, Mr. Kawamura was the IBA Council representative fortheJapanFederationofBarAssociations.Heiscurrentlya partner at Anderson Mori & Tomotsune, and has an exten-sive general corporate and litigation practice. Mr. Kawamura specializesincorporate,M&A,intellectualproperty,interna-tional trade, entertainment, publication, energy and real estate law. He is a corporate auditor and board member of a number of Japanese companies, and is also an experienced arbitrator/mediator. He is a council member of the Japanese Society of International Law, as well as a member of the Ethics Committee of the Japanese Cancer Association. Mr. Kawamura was also a visiting professor of law at Kyoto University.

Hon. Harold Hongju Koh, Legal Adviser of the US Depart-ment of State since June 2009, is one of the country’s leading expertsoninternationallaw.Since1985hehastaughtatYaleLawSchool,whereheistheMartinR.Flug’55ProfessorofInternationalLaw(onleave)andwhereheservedforfiveyearsasdean.From1998to2001,KohservedasAssistantSecretaryof State for Democracy, Human Rights and Labor. A Marshall Scholar, Koh graduated from Harvard, Oxford, and Harvard Law School,clerkedforJudgeMalcolmWilkeyoftheDCCircuit,andSupremeCourtJusticeHarryBlackmun,andworkedinprivatepractice and at the Justice Department. He has received eleven honorary degrees and more than thirty awards for his lifetime achievements in human rights and international law. Koh has authoredorco-authoredeightbooks,publishedmorethan170articles,testifiedoftenbeforeCongress,andlitigatednumerouscases involving international law. He is a fellow of the American Philosophical Society, the American Academy of Arts and Sci-ences and the Council of the American Law Institute.

Professor C. Raj Kumar is a professor and vice chancellor of O.P. Jindal Global University and the dean of the Jindal Global LawSchool.ProfessorKumarisalsoamemberoftheNationalLegalKnowledgeCouncil(NLKC).Hewasanassociatepro-fessor for many years at the School of Law of City University of Hong Kong. He was a Rhodes Scholar at the University of Oxford, UK, where he obtained his Bachelor of Civil Law (BCL) degree;aLandonGammonFellowattheHarvardLawSchool,USA, where he obtained his Master of Laws (LLM) degree and a James Souverine Gallo Memorial Scholar at the Harvard Uni-versity. He was awarded the Doctor of Legal Science (SJD) by the University of Hong Kong. He also holds a Bachelor of Laws (LLB) and a Bachelor of Commerce (BCom) degree. Profes-sorKumar’sareasofspecializationincludehumanrightsanddevelopment, terrorism and national security, corruption and governance, law and disaster management, comparative con-stitutional law and legal education. He has over one hundred publications to his credit.

Hon. Nicole Y. Lamb-HalewasnominatedbyPresidentBarackObamainNovember2009andunanimouslyconfirmedbytheUSSenateinFebruary2010toserveastheAssistantSecretaryof Commerce for Manufacturing and Services in the Interna-tional Trade Administration. In this role, she helps US industries succeed internationally by strengthening their competitive positioninforeignmarketstosustainandcreateAmericanjobs.Priortoherroleasassistantsecretary,Nicolewasappointedby President Obama in June, 2009 to serve as deputy general counseloftheUSDepartmentofCommerce.Nicolehasbeenafrequentlectureronbusinessrestructuringmatterswithaparticular emphasis in recent years on the automotive industry. She has received many honors for her accomplishments and leadership over the years including being named a Super Law-yerforthreesuccessiveyearsandoneofDetroit’sMostInfluen-tial Women by a leading business publication. She received her BA with high honors from the University of Michigan in 1988 and her JD from Harvard Law School in 1991.

Antenor MadrugaisapartneratBarbosaMüssnich&AragãoAdvogados. Mr. Madruga heads the BM&A anti-fraud, corpo-rateethicspractice.BeforejoiningBM&A,Mr.Madrugawasacareer federal attorney, where he held several positions, such asnationalsecretaryofjustice,directorofthedepartmentofassets recovery and international legal cooperation of the Min-istryofJustice,andamemberoftheboardoftheBrazilianFi-nancialIntelligenceUnit(COAF).HeholdsadoctoratefromtheUniversityofSãoPauloandanLLMfromthePontificalCatholicUniversityofSãoPaulo.Hisinternationalexperienceincludesbeing chairman of a group of government experts on extradi-tion, mutual legal assistance, at the third session of Confer-enceofthePartiestotheUNConventionagainstTransnationalOrganizedCrimeandvicechairmanofthesecondsessionHewasheadoftheBraziliandelegationstothenegotiationsofthemutual legal assistance treaties in criminal matters between BrazilandGermany,andSpainandChina.

Ary Oswaldo Mattos Filho is the principal and a full professor oflawattheFundaçãoGetúlioVargasLawSchool,SãoPaulo,whereheisalsoamemberoftheFinanceLawInstitute.HeisafoundingpartnerofthelawfirmMattosFilho,VeigaFilho,MarreyJunioreQuirogaAdvogados.Mr.FilhoholdsaBAandPhDinlawfromtheUniversityofSãoPauloSchoolofLaw.Heearned his LLM at Harvard Law School, where he held a visit-ing scholar appointment in 1984. He served as chairman of the BrazilianSecuritiesandExchangeCommissionandpresidentoftheFederalCommissionforFiscalReformintheearly1990s.He was the chairman of the board of directors for the School of BusinessAdministrationatFundaçãoGetúlioVargasfrom1995-1997. Most recently, he served on the board of directors for the SãoPaulostockexchangefrom2007–2009.

Erik D. Ramanathan is executive director of the Harvard Law SchoolProgramontheLegalProfession.Previously,Erikwassenior vice president and general counsel of ImClone Systems, apublicbiotechnologyfirmsoldtoEliLillyfor$6.5billionafter successful recovery from extensive legal and governance troubles.ErikbeganhiscareerasanattorneyatProskauerRoseLLPinNewYork,amemberofthefirm’sregionallypreeminenthealth care practice, after earning his JD from HLS and his BAinbehavioralbiologyfromJohnsHopkins.ErikchairstheGovernance and Strategic Planning Committees of the board of directorsofPublicHealthFoundationEnterprises—theworld’slargestfiscalsponsor—andservesontheboardofoverseersofShadyHillSchool.Inaddition,heconsultsforfor-profitandnot-for-profitenterprisesonmattersofgovernanceandcrisismanagement.

Martha Minow is the dean and Jeremiah Smith, Jr. Professor at Harvard Law School. An expert in human rights with a focus on members of racial and religious minorities and women, children, and persons with disabilities, her scholarship also has addressed private military contractors, management of mass torts,transitionaljustice,andlaw,culture,andsocialchange.Shehaspublishedover150articlesandbooks.FollowingnominationbyPresidentObamaandconfirmationbytheSen-ate, she serves as vice-chair of the board of the Legal Services Corporation. A Phi Beta Kappa graduate of the University of Michigan and the Harvard Graduate School of Education, Mi-nowreceivedherlawdegreeatYaleLawSchoolbeforeservingasalawclerktoJudgeDavidBazelonandJusticeThurgoodMarshall. A member of the Academy of Arts and Sciences and the American Philosophical Society, her awards include the Sacks-FreundTeachingAwardatHarvardLawSchool;theHolocaustCenterAward,theRadcliffeGraduateSocietyMedalandhonorarydoctoratesfromWheelockCollege,UniversityofToronto, McGill University, and Hebrew College.

Brad Smith is Microsoft’s general counsel and executive vice president,LegalandCorporateAffairs.Heleadsthecompany’sDepartmentofLegalandCorporateAffairs(LCA),whichhasjustover1,000employeesandisresponsibleforthecompany’slegalwork,itsintellectualpropertyportfolioandpatentlicens-ingbusiness,anditsgovernmentaffairsandphilanthropicwork.He also serves as Microsoft’s corporate secretary and its chief complianceofficer.SmithhasservedaschairoftheWashing-ton Roundtable, a leading Washington state-based business organization.In2010hechairedforWashingtonStateGovernorChristineGregoireherHigherEducationFundingTaskForce,and in 2011 he helped advocate for the successful adoption by thelegislatureofthetaskforce’srecommendations.BeforejoiningMicrosoftin1993,SmithwasapartneratCovington&Burling,havingworkedinthefirm’sWashington,DC,andLon-donoffices.HegraduatedsummacumlaudefromPrincetonUniversity and received his law degree at the Columbia Univer-sity School of Law.

David M. Trubek is Voss-Bascom Emeritus Professor of Law and aseniorfellowattheCenterforWorldAffairsandtheGlobalEconomy (WAGE) at the University of Wisconsin-Madison; he joinedtheUWLawSchoolfacultyin1973.HehastaughtatYaleand Harvard Law Schools, Catholic University Law School in Rio deJaneiro,andtheFGVLawSchoolinSãoPaulo.Hehaswrit-ten extensively on international and comparative law, the role of law in development, human rights, European integration, thelegalprofessionandtheimpactofglobalizationonlegalsystems and social protection schemes. Currently, he serves as PrincipalInvestigatorofLANDS,theprojectonLawandtheNewDevelopmentalState;co-PIoftheProjectonLawandDe-velopmentinBrazilinGlobalContextwhichisbeingconductedbytheUW-MadisonandtheFGVLawSchoolinSãoPaulowithsupportfromtheBrazilianAgencyforIndustrialDevelopmentandtheTinkerFoundation;andasco-directoroftheGlobalizai-ton, Lawyers, and Emerging Economies Initiative at the Harvard Law School Program on the Legal Profession where he is a senior research fellow.

Oscar Vilhena Vieira is dean and professor of constitutional law and human rights at the School of Law of the Getulio VargasFoundation(FGV/SP).HeservedasstateattorneyforSãoPaulo(1993-1997)andasexecutivesecretaryoftheUnitedNationsLatinAmericanInstituteforCrimePrevention-ILANUD(1997-2000).HewasexecutivedirectorandfounderofConectas Human Rights (2000-2007). He has a BA in law from theCatholicUniversityofSãoPaulo;aLLMfromColumbiaUniversityinNewYork;aMAandPhDinpoliticalsciencefromtheUniversityofSãoPaulo;andcompletedhispost-doctoralstudiesattheCenterforBrazilianStudies,OxfordUniversity.OscarVilhenaVieirahaswrittenseveralbooksandacademicarticles on political theory, human rights and constitutional law. Oscar is member of several boards and committees, including ANDI(nationalagencyfortherightsofchildren),theProBonoInstitute,andOSICriminalJusticeProject.

David B. Wilkins is Vice Dean for Global Initiatives on the Legal Profession, the Lester Kissel Professor of Law, and the faculty director of the Program on the Legal Profession at Harvard Law School. He is also a senior research fellow of the American Bar Foundation.ProfessorWilkinshaswrittenextensivelyonthelegalprofessioninleadingscholarlyjournalsandthepopularpress and is the co-author (along with his Harvard Law School colleagueAndrewKaufman)ofoneoftheleadingcasebooksinthefield.Hiscurrentscholarlyprojectsontheprofessioninclude After the JD, a ten-year nationwide longitudinal study of lawyers’ careers; the Harvard Law School Career Study, a quantitativeandqualitativeexaminationofhowcorporationspurchaselegalservices;anempiricalprojectonthedevelop-mentof“ethicalinfrastructure”inlargelawfirmsbasedonaseries of focus groups with leading practitioners and regula-tors;anexaminationofthepracticeof“offshoring”legalworkto India; and over 200 in-depth interviews in connection with a forthcomingOxfordUniversityPressbookonthedevelopmentoftheblackcorporatebar.

Mark Wu is an assistant professor of law at Harvard Law School,wherehespecializesinissuesofinternationaltradeandinternationalintellectualproperty.Priortojoiningthefaculty,he was an academic fellow at Columbia Law School and a law clerktoJudgePierreN.LevaloftheU.S.CourtofAppealsforthe Second Circuit. He previously served as the director for intellectualpropertyintheOfficeoftheU.S.TradeRepresenta-tive, where he led negotiations on the IP chapters of various free trade agreements. Prior to that, he was an engagement manager with McKinsey & Co. and an economist and opera-tionsofficerwiththeWorldBankinChina.HeisagraduateofYaleLawSchoolandOxfordUniversity,wherehestudiedona Rhodes Scholarship. In addition, he received an AB summa cum laude in social studies and East Asian studies from Harvard College.

This conference is sponsored in part by a generous grant funding research and scholar-ship on the future of legal education from:

Additional sponsors of the HLS Program on the Legal Profession include:

• Davis Polk & Wardwell LLP,oneoftheworld’spremierlawfirms.• Dechert LLP,aninternationallawfirmwithpracticesincorporateand

securities,complexlitigation,finance,realestate,andfinancialservicesandasset management.

• Plesner,oneofDenmark’sleadinglawfirmswithexpertiseinallareasofcommercial and public law.

• Individual Contributors and Advisory Board Members of the Programinclude top business leaders, managing partners, general counsel, and leading bankersandconsultantsfromkeysectorsofthelegalandprofessionalservicesindustry.

OUR SPONSORS